People v. Conyers

Regardless of whether defendant’s correct point score would make him a presumptive risk level one or two offender, the court properly found clear and convincing evidence of aggravating factors to support its discretionary upward departure to level three. The risk assessment instrument (RAI) did not adequately account for the fact that defendant’s prior guilty plea to manslaughter in the first degree stemmed from the strangulation of two elderly victims. Other aggravating factors not addressed by the RAI are defendant’s attempt to deceptively portray himself as a police officer in committing…